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Sydney Law School: Recent submissions

    • The nature of an assignee’s right to damages for breaches of contract that occur prior to assignment 

      Tolhurst, Gregory
      Published 2008
      This article examines the nature of an assignee’s right to damages where the breach of contract occurs prior to the assignment. In order to avoid what is thought to be a black hole in contract remedies, recent cases have ...
      Open Access
      Article
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    • Domestic violence victims at work: A role for anti-discrimination law? 

      Smith, Belinda; Orchiston, Tashina
      Published 2012
      For victims of domestic violence it is increasingly recognised that financial security is critical to their safety and ability to escape a violent relationship. The majority of victims of domestic violence are engaged in ...
      Open Access
      Article
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    • Fair and equal in the world of work: Two significant federal developments in Australian discrimination law 

      Smith, Belinda
      Published 2010
      Two recent discrimination law reforms serve to strengthen human rights protection in Australia, particularly for persons with disability, bringing the right to equality in from the cold and more squarely into the industrial ...
      Open Access
      Article
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    • Acceptance of benefit as a basis for restitution 

      Tolhurst, Gregory; Carter, J W
      Published 2002
      In the late 1980s, after the publication of Professor Birks’s Introduction to the Law of Restitution, the role of acceptance as a basis for restitution in relation to non-monetary benefits was hotly debated. In recent years ...
      Open Access
      Article
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    • The assignment of guarantees: A review of Hutchens v Deauville Investments Pty Ltd 

      Tolhurst, Gregory
      Published 2011
      In Hutchens v Deauville Investments Pty Ltd, the High Court of Australia held that the assignee of the benefit of a guarantee could not enforce that guarantee when title to the underlying credit contract remained with the ...
      Open Access
      Article
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